Q: Is there such a thing as deferred sentence or other way to avoid a felony criminal record before accepting a plea bargai
This is 2 felonies, no jail time, no voilent crime, no prior record.
A:
Sometimes.
In some courts, there is Court or DA "Diversion". It isn't statutory, which means local rules that aren't written anywhere. When the possibility exists, it is a deal that if a defendant jumps through hoops and stays off the radar, there is a better deal (which could be dismissal, but might be a misdemeanor instead of a felony). Where available it is limited to certain kinds of crime, and often only where the DA has a sigificant problem proving the case.
Drug Court completion results in a dismissal, even if the charge is a felony. It takes dedication to complete it. Lots of testing, lots of showing up, lots of having to be somewhere.
There are different ways Felonies can turn into misdemeanors. That can be as an operation of law (PC section 17b), and/or can be part of a plea bargain (contingent on certain requirements being fullfilled, such as victim restitution).
However, whatever happens on a case turns up on a rap sheet. Rap sheets are protected documents, but some employers might want a waiver from you. Also, in this electronic age, investigative data bases collect court records that will come up during a complete and professional background investigation.
The only way to avoid an entry on your rap sheet (other than error by a clerk) is a Finding of Factual Innocence. That is a rare thing with a very high burden of proof.
Of course, you will only get an informed and entirely accurate answer by talking to your lawyer, who will know the local courts and be able to evaluate your case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.